Question: What Can And Cannot Be Trademarked?

By common law, a logo is trademarked as soon as it’s used in commerce.

But, according to LegalZoom, this may only protect you in your immediate locale.

State registration will provide additional protection, and it’s relatively simple and inexpensive.

Federal logo trademark registration is a bit more of a process..

How do I protect my brand name?

What’s one thing you’ve done to protect your brand legally that you think all founders should do?Protect Your Web Content. … Set up Google Alerts. … Use IP Protection. … Create a Distinctive Mark. … Register Your Trademark. … Get a Patent. … Create an Employee Handbook. … Trademark Your Brand.More items…•

How do you get a phrase trademarked?

How to Trademark a PhraseStep 1: Conduct a Trademark Phrase Search. … Step 2: Fill Out the Trademark Phrase Application. … Step 3: Submit the Application and Pay the Trademark Application Fee. … Step 4: Respond Promptly to Office Actions or Other USPTO Correspondence. … Step 5: Wait for Your Trademark Registration to be Approved.More items…•

Does Disney own Hakuna Matata?

“Hakuna Matata” is the title of a song from the 1994 Disney film The Lion King. … According to public records, the trademark was approved for registration in 2003 and is still active — meaning that Disney can sue companies that use the words on a shirt if it looks like a Lion King knockoff.

How can I use NFL logos legally?

In short, you cannot use the logos of the NFL on anything. That is, you cannot use the logos without the express permission of the NFL. The logos of the various teams of the NFL are trademarks that are owned by the NFL. As such, the only way to use the trademark of another without liability is with their permission.

Can symbols be trademarked?

To trademark a symbol: You must use the symbol to identify your goods and services, such as using the symbol in your company logo. You cannot trademark a symbol that you only use for personal purposes or that you use only as part of an item that you sell, such as a symbol printed on a t-shirt.

Can I use TM if not trademarked?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. … But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble.

Thus, trademark law allows your business to sue the infringer for money damages, as well as for a court order to prevent further infringement.

What Cannot be trademarked UK?

Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.

Can I trademark a name already in use but not trademarked UK?

replied 3 years ago. You would have a hard time keeping the mark at that point – because you are using a name which belongs to someone else. … So yes, in the short term you can trademark a name, but it may well be open to challenge.

Can you trademark a phrase on a T shirt?

Because a slogan or design silk-screened onto a T-shirt is not a trademark. … A trademark is any word, phrase, design or device that identifies the source of the goods identified by the mark. Don’t even attempt to register the trademark for a slogan or design that simply appears across the chest or back of tee-shirt.

How can I use NHL logos legally?

In order to use the league’s official logos on products, companies must seek and receive approval through a licensing agreement with the league’s marketing division, NHL Enterprises. Replica uniforms that bear the name of an NHL player must also have approval from the league’s players’ association.

Can you use a name that is not trademarked?

A business name generally can be protected as a trademark under federal and state trademark law. … As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.

Can I change a logo and use it?

Logos are protected by trademark and copyright. If you modify someone else’s logo for your own use, the modifications must be significant enough so that no reasonable person could confuse your logo for the original logo.

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

Can I use TM on my logo UK?

Trade mark rights holders in the UK use the ® symbol to indicate a trade mark is registered. The abbreviation ‘TM’ is used in the UK to indicate that a company/business is using something – be it a word, symbol or combination of the two – as a trade mark but it is currently unregistered.

What phrases are trademarked?

We take a look at other famous phrases that were claimed as trademarks.’That’s hot”Things fall apart”You cannot be serious”This sick beat”I pity the fool”You’re fired’

Can logos be used without permission?

A person or company should never use a trademark or logo without written permission from its owner. To get permission, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used. … However, even then, third parties cannot use logos without a specific agreement.